The iconic character, Mickey Mouse, is no longer exclusive to the Walt Disney Company. As of January 1, 2024, the early version of the entertainment company's mascot, which appeared in Walt Disney's 1928 short film "Steamboat Willie," is now in the public domain for the first time.
Mickey Mouse, the cheerful rodent that has been a symbol of the Disney brand for almost 100 years, has become an iconic figure in American popular culture. However, with the update of US copyright law in 1998, which extends copyright ownership to 95 years, Disney's exclusive rights to the character have come to an end.
Although we may begin to see more of Mickey Mouse, there are some limitations to consider.
A Disney spokesperson told CNN that the expiration of the Steamboat Willie copyright will not impact the more modern versions of Mickey, who will continue to serve as a global ambassador for the company in storytelling, theme park attractions, and merchandise. The original 1928 version of Mickey in "Steamboat Willie" differs from the current mascot, with differences in gloves, shoes, and eye details.
According to Harvard Law School professor Rebecca Tushnet, although the public domain permits the reimagining of Steamboat Willie, modern elements of Mickey Mouse cannot be copied due to Disney's trademark. Tushnet emphasized the need for creators to produce original content based on Steamboat Willie in order to avoid copyright infringement.
Tushnet stated that Disney is likely to reluctantly let go of its control over the image of Steamboat Willie, but will probably take legal action against anyone who makes a version of the cartoon that closely resembles Mickey Mouse. A Disney spokesperson informed CNN that the company will continue to protect its rights to more modern versions of Mickey Mouse and other copyrighted works, and will take measures to prevent consumer confusion from unauthorized use of Mickey and other iconic characters.
According to Tushnet, recreations of Steamboat Willie may start to appear on Etsy, but this could potentially lead to small sellers and artists facing legal action from Disney if they make a misstep.
"Regrettably, these individuals are exactly the ones who are not likely to have the means to fully understand the legal limitations," Tushnet commented.
Despite Disney's strict control over its mascot, there are exceptions to this rule. Even the updated version of Mickey Mouse can be used for educational purposes, satire, or parody.
Recently, the copyright for A.A. Milne's original Winnie the Pooh character expired in 2022, allowing for a variety of new interpretations of the beloved children's character. This included the release of the 2023 horror film, "Winnie the Pooh: Blood and Honey."
Tushnet said its "definitely possible" that the early version of Mickey could get the same treatment.